Dell │ Services

Service Description: Dell Consumer Hardware Service Agreement
THE SERVICES DESCRIBED IN THIS AGREEMENT ARE FOR PRODUCT ISSUES COVERED BY YOUR DELL LIMITED HARDWARE WARRANTY (see www.dell.com/warranty). BY ACCEPTING THE SERVICES AND SUPPORT DESCRIBED ON YOUR INVOICE, YOU (“CUSTOMER”) AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN. THESE TERMS AND CONDITIONS (THE “AGREEMENT”) WILL SUPPLEMENT THE TERMS AND CONDITIONS OF ANY APPLICABLE OVERRIDING SIGNED AGREEMENT BETWEEN YOU AND DELL (INCLUDING WITHOUT LIMITATION, DELL’S STANDARD KEY CUSTOMER PURCHASE AGREEMENT) OR, IN THE ABSENCE OF SUCH AN AGREEMENT, DELL’S STANDARD “U.S. CONSUMER TERMS OF SALE–DIRECT” FOR CONSUMER CUSTOMERS PURCHASING DIRECTLY FROM DELL OR “DELL’S RETAIL PURCHASER END-USER AGREEMENT” FOR CONSUMER CUSTOMERS PURCHASING THROUGH A THIRD PARTY RETAILER (See http://www.dell.com/terms). THIS AGREEMENT IS BETWEEN YOU AND DELL MARKETING L.P. OR THE DELL ENTITY AS SPECIFIED IN THE AFOREMENTIONED SIGNED AGREEMENT OR THE APPLICABLE STANDARD DELL TERMS AND CONDITIONS (“DELL” OR “OUR”). ALL CAPITALIZED TERMS AND CONDITIONS NOT DEFINED HEREIN SHALL HAVE THE MEANING SPECIFIED IN THE AFOREMENTIONED SIGNED AGREEMENT OR THE APPLICABLE STANDARD DELL TERMS AND CONDITIONS. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Products Covered (“Product”): References to “Product(s)” in this Agreement mean Dell-branded hardware that is sold as new, purchased in the United States, and in a standard configuration(s) at the time of purchase. The Product covered by this Agreement is described in your Product’s invoice or on the information page included with your copy of this Agreement. Excluded from this Agreement are server systems, data storage units, software, optical drives and any additional items (not identified above) sold through Dell’s Electronics, Software & Accessories Division (formerly the Software and Peripherals Division) or Dell Factory Outlet, or items integrated by Custom Factory Integration. In addition, if service requires access to an optical device and Customer does not have access to such device, then service may be unavailable. The Product covered under this Agreement is described in your Product’s invoice. Scope of Services: The services described in this Agreement are for product issues covered by your Dell Limited Hardware Warranty (see www.dell.com/warranty) Note that issues attributable to software are among the issues that are not covered by your Limited Hardware Warranty. The service type, term, and the covered Product you have purchased is recorded on the Customer invoice or on the information page included with your copy of this Agreement. THIS SERVICE AGREEMENT APPLIES IF CUSTOMER HAS PARTS ONLY, ADVANCED EXCHANGE SERVICE OR MAIL-IN SERVICE (STANDARD RETURN-FORREPAIR SERVICE). For purposes of this Agreement, all references to time mean the Customer’s local time, unless otherwise stated. Unless otherwise specified, references to the United States include the continental United States, Alaska, Hawaii, and Puerto Rico for Parts Only service, the continental United States, Alaska, and Hawaii for Advanced Exchange and Mail-In services. Service Agreements on plasma not available outside the continental United States. Diagnosis or Troubleshooting Required: Diagnosis or troubleshooting under your Dell Limited Hardware Warranty (see www.dell.com/warranty) is required prior to receiving service under this Agreement, and diagnostic and troubleshooting steps like those outlined in the “How to Use Your Service” section of this Agreement are an essential aspect of reaching the right resolution for your issue. Those steps may require more than one call or an extended session, and you may be asked to access the inside of your Product where safe to do so. If your Product's issue is covered by Dell's Limited Hardware Warranty and that issue is not resolved remotely, then, following completion of diagnosis or troubleshooting, service will be performed as further described under this Agreement. Service Type. This Hardware Service Description covers the following Service Types: • • • Parts Only Service Advanced Exchange Service Mail-In Service (Standard Return-For-Repair Service)

FORM#: 06.2011DCHS 2.7.12 Page 1

IF YOU HAVE PARTS ONLY SERVICE. unless otherwise directed by your Dell tech support agent. then Dell will provide whole unit exchanges of such third party hardware rather than exchanging individual parts. Customer is obligated to pay at the then-current standard Dell price for any service parts removed from Customer’s Product and not properly returned to Dell by Customer. Dell will provide on an exchange basis replacement parts for Dell Products covered under this Agreement when a part in a covered Product requires replacement under the terms of your Dell Limited Hardware Warranty. then Dell will send a replacement Product to Customer’s location in accordance with the procedures set forth in Section 9 of this Agreement. Customer local time. etc. Dell reserves the right to send Customer a whole identical or comparable replacement for the Product. if Customer retains the projector or the projector bulb. including accident. Dell determines that a dispatch is necessary. This Agreement does not apply to Products returned to Dell’s facility using procedures other than those set forth herein. at the current retail price(s) and in accordance with the terms of Section 9. Dell will pay standard shipping charges. after remote diagnosis and troubleshooting. Dell will include a prepaid shipping container with each part for Customer’s use in returning the replaced part to Dell. In addition to the consequences set forth in Section 9. Dell will use next-business-day delivery when shipping individual parts to Customer and 3 – 5 day business delivery for plasma televisions. controls. servicing by untrained people or not in accordance with Dell’s procedures.12 Page 2 . Electronics. IF YOU HAVE MAIL-IN SERVICE (STANDARD RETURN-FOR-REPAIR SERVICE). in most cases the replacement Product will be shipped the next business day using next-business-day delivery. failure to pay for the defective unit within the specified time period will cause the cancellation of this Agreement and may result in other legal steps. Customer must package the defective Product in the material provided with the replacement Product. Dell determines that Customer’s Product has experienced a qualified failure that is covered under your Dell Limited Hardware Warranty. If. Dell uses new and reconditioned parts made by various manufacturers when supplying parts to Customer. memory card. cables. THEN THE FOLLOWING SECTION APPLIES TO YOUR PRODUCT: Parts Only Service. or lens caps). THEN THE FOLLOWING SECTION APPLIES TO YOUR PRODUCT: Advanced Exchange Service. with shipping prepaid in both cases. When returning your Product for replacement. problems with electrical power. Dell will use next-business-day delivery when shipping the packaging. tablet. Upon receipt of the shipping FORM#: 06. SIM card. Customer is obligated to return the projector bulb with the defective Product. Software & Accessories items such as LCD TVs. after remote diagnosis and troubleshooting.e. Upon receipt of the replacement Product. do not include parts not sent to you for replacement (such as battery. or handset). IF YOU HAVE ADVANCED EXCHANGE SERVICE. and a pre-paid shipping waybill will ordinarily be dispatched to Customer’s site. This Parts Only service does not cover damage due to external causes. usually in 1 or 2 business days following remote diagnosis. If the defective unit is not returned within ten (10) days. Dell will not be responsible for any data or voice charges incurred as a result of Customer’s failure to remove all SIM cards inside Products returned to Dell. and ship the defective Product to Dell’s repair facility. shipping instructions. then packaging. If. If. Customer will be obligated to pay. shipping instructions. If Customer’s invoice indicates that Parts Only service covers: a) third party hardware included in Retail Point-of-Sale solution or b) a plasma television. When returning a Product for replacement (including but not limited to a mobility Product such as a laptop. Failure to timely pay for service parts not properly returned to Dell by Customer may result in suspension of Customer’s service under this Agreement in accordance with Section 10. Customer must return the defective Product to Dell by taking the defective Product to the designated carrier location within the next 3 days. do not attempt to ship back your computer system or monitor using this procedure. This procedure applies to modular Products only (i. Customer must use the prepaid shipping container to return the defective part to Dell. do not send external parts (such as cords. projectors or printers). and neither Dell nor the carrier can be responsible for damage caused during transit of the Product to the carrier. If Customer calls prior to 5:00 p. usually in 1 or 2 business days following remote diagnosis.m. after remote diagnosis and troubleshooting. battery pack cover. and a pre-paid shipping waybill to Customer. phone. Customer agrees to pay Dell for the replacement unit as detailed in Section 9. then Dell will send parts to Customer. abuse and misuse.2011DCHS 2. If Customer’s Advanced Exchange Service covers a projector. As specified in Section 10. Customer must report each instance of Product failure to Dell hardware warranty support in advance to obtain Dell’s concurrence that a part should be replaced and to have Dell ship the replacement part.).7. THEN THE FOLLOWING SECTION APPLIES TO YOUR PRODUCT: Mail-In Service (Standard Return-For-Repair Service). for shipping your Product in for replacement and for shipping a replacement Product to Customer. Dell determines that Customer’s Product requires Mail-In Service (Standard Return-For-Repair Service).

supplies. for shipping the Product in for repair and for shipping it back to Customer. or repair by anyone other than Dell (or its representatives) are not included. failure due to an external factor (fire. flood. Dell uses new and reconditioned parts made by various manufacturers when supplying parts to Customer. software configurations or any data files. phone.7. f. de-installation.2011DCHS 2. FORM#: 06. Failure to timely pay for service parts not properly returned to Dell by Customer may result in suspension of Customer’s service under this Agreement in accordance with Section 10 of this Agreement.g. or abuse of the Product or component (such as. The carrier will then pick up the Product and return it to Dell with shipping charges prepaid. supplies. if Dell elects to perform the services. As specified in Section 10. Dell is not liable for any failure or delay in performance due to any cause beyond Dell’s control. damage resulting from accident. b. the error cannot be re-created). do not include parts not sent to you for replacement (such as battery. and neither Dell nor the carrier can be responsible for damage caused during transit of the Product to the carrier. but not limited to. Preventive maintenance is not included. and. damage resulting from an act of God such as. SIM card. This Agreement does not apply to Products returned to Dell’s facility using procedures other than those set forth herein. unless otherwise directed by your Dell tech support agent. Repairs necessitated by software problems. battery pack cover. flooding. When returning a Product for replacement (including but not limited to a mobility Product such as a laptop. use of incompatible. e. or failure to follow operating instructions) by anyone other than Dell (or its representatives).12 Page 3 . etc. Dell is not obligated to repair any Product or Product component in the following instances: a.). or inferior devices. Customer must package the Product in the material required and call the carrier designated on Customer’s shipping instructions to arrange a pickup time. tablet. Dell will not be responsible for any data or voice charges incurred as a result of Customer’s failure to remove all SIM cards inside Products returned to Dell. the moving of the Product from one geographic location to another or from one entity to another. misuse. THIS AGREEMENT IS OF LIMITED DURATION AND COVERAGE. d. use of incorrect line voltages. defective. earthquakes. use of incorrect fuses. The services Dell agrees to provide under this Agreement are repair services that are necessary to address issues covered by your Dell Limited Hardware Warranty for the Product or Product component that is covered by this Agreement.. In addition. c. wear and tear. Installation. Standard shipping charges. This Agreement extends only to uses for which the Product was designed. Customer is obligated to pay at the then-current standard Dell price for any service parts removed from Customer’s Product and not properly returned to Dell by Customer. Limits of Support Services. repairs due to excessive use. If nonDell options added to Customer’s Product are found to be the cause of the reported problem. but not limited to. improper or insufficient ventilation. Customer’s Product will be repaired or replaced. adjustment. it will be within Dell’s discretion whether to perform the services. the services will be subject to an additional charge to be paid by Customer. or handset). With regard to any services that are not within the coverage of this Agreement. a service charge may be applied. lightning. and delivered to the carrier for return shipping to Customer using second business day delivery. tornado. will be paid by Dell. or relocation services and operating supplies are not included. failures or fluctuations of electrical power or air conditioning). Dell reserves the right to send Customer a whole replacement for the Product or a replacement for portions of the Product rather than repairing and returning the Product that Customer sent for repair. or as a result of alteration. memory card. and hurricanes. or accessories. where Dell determines there is no trouble found (e. the loading of software. or g.

the following Standard procedures apply. e. Call For Assistance.2011DCHS 2. Limited Hardware Warranty Support: 800-624-9896 Customer Service: 800-624-9897 Cooperate with the Technician. including regularly observed holidays: • • 5. c. Mail-In Procedures. DELL WILL HAVE NO LIABILITY FOR LOSS OF OR RECOVERY OF DATA.5% per month for invoices not paid within such 30-day period. g. Any such assistance is beyond the scope of any Dell warranty and this Service Agreement. d.12 Page 4 . Diagnosis or troubleshooting under your Dell Limited Hardware Warranty (see www. Be prepared to provide the following information to the technician when requesting this Service: a. mobile device. To receive service and support. 4. h. unless otherwise agreed to by Dell. phone. f. Experience shows that most Product problems and errors can be corrected over the phone as a result of close cooperation between the user and the technician. If Customer is currently not entitled to service. i. or SIM card number. programs. Customer shall pay an additional fee of 1. service tag number. or PC Cards. FORM#: 06. These phone lines are answered twenty-four (24) hours a day. what tasks or functions were being processed or implemented when error occurred. It is solely Customer’s responsibility to complete a backup of all existing data. if any. Requesting Service. Payment terms are within Dell’s sole discretion. the error message received and when it occurs. Listen carefully to the technician and follow the technician’s directions. In addition. and programs on affected Products before receiving services (including telephone support) or shipping Product(s) back to Dell. Dell regrets that it cannot accept Products that are not returned in accordance with these shipping instructions: 6.dell. recovery or similar services.How to Use Your Service Customer’s Responsibilities. Product invoice and serial numbers. then Customer should submit a valid credit card number to purchase appropriate service for the Product. or data -even if technicians have attempted to assist you with your backup. and what steps. Valid Service Contract. You understand and agree that under no circumstances will Dell be responsible for any loss of software. or personal information and any removable media such as SIM cards. Software/Data Backup. you are responsible for complying with the following: 1. PROGRAMS. For service support call one of the following toll free numbers. The assistance is provided in Dell's sole discretion and without any guarantee or warranty of any kind. OR LOSS OF USE OF PRODUCT(S). were taken to solve the problem. current version of the operating system on the affected Product.com/warranty) is required prior to receiving service under this Agreement. and. Dell must have received payment for services within 30 days of the date of invoice. Product type and model numbers. software. Neither does Dell provide any guarantee or warranty of any kind with respect to any third-party product that a technician may use in assisting you. Customer is responsible for removing any confidential. 3. brand names and models of any peripheral devices (such as a modem) attached to the Product.7. proprietary. CDs. If the technician is unable to resolve the problem over the phone and determines that mail-in service is necessary. b. seven days a week. 2.

If Customer calls outside of the carrier’s regular business hours. d. we determine that your product issue is not covered under the Dell Limited Hardware Warranty. Parts Only Procedure. unless otherwise directed by your Dell tech support agent.2011DCHS 2. if Dell agrees that it needs to be replaced. if Customer calls during the carrier’s regular business hours. Package the Product. phone. Following the problem diagnosis.7. if payment was required in advance of shipment. Dell may offer to provide a replacement part or product (“Replacement Item”) to a Customer on an Advanced Exchange basis. Please enclose a brief description of the problem encountered. then we will charge your credit card for the then-current standard price for the Replacement Item. If we do not receive your original part or product within 10 days. Customer may receive such component to install without a service technician arriving on site. or. Customer is responsible for ensuring that the Product is properly packaged and Customer will bear the full risk of loss or damage for any Product that is returned improperly packaged. If you require a Replacement Item but do not wish to provide FORM#: 06. Otherwise. Other Shipping Precautions. Explain the Problem in Writing. Customer must use the prepaid shipping container to return the defective part to Dell. will not refund your payment. b. do not include parts not sent to you for replacement (such as battery. Dell will replace any defective part with new or refurbished parts. Dell will ship the part freight collect. Business day shipping/delivery does not include weekends or regular holidays such as New Year’s Day. within ten (10) days from the date we contact you regarding the lack of coverage for your issue. then we will not refund your payment. Before providing an Advanced Exchange. if payment was required in advance of shipment. possessions and territories). such as a keyboard. (excluding Puerto Rico and U. Dell will provide packaging through the freight carrier. Labor Day. 7. hard drives in portable computers. or any other component designated from time to time as a component that may be replaced by the Customer.S.). or we will refund your payment for such Replacement Item as long as: 1) you return the original part or product to us within 10 days of your receipt of the Replacement Item and 2) we confirm that your product issue is covered under the Dell Limited Hardware Warranty. Dell will not be responsible for any data or voice charges incurred as a result of Customer’s failure to remove all SIM cards inside Products returned to Dell. memory card. monitor. We will not charge your credit card for the Replacement Item.a. Independence Day. Dell will also include a prepaid shipping container with each replacement part for Customer’s use in returning the replaced part to Dell. Dell will have to refuse to service. then you will be given the opportunity to return the Replacement Item. we will charge your credit card for the then-current standard price for the Replacement Item. the technician will transfer Customer to Dell’s designated freight carrier. If the telephone technician determines that the defective unit is one that is easily disconnected and reconnected. Dell may require a valid credit card number and credit authorization or payment for the Replacement Item from you prior to sending you such Replacement Item. or. Advanced Exchange Terms for All Service Levels. etc. battery pack cover. and if you do not return the Replacement Item. Unfortunately.12 Page 5 . and will return to Customer. A whole replacement unit with a prepaid return mailing label for the defective return may be sent directly to Customer. Customers must return the defective part to Dell. Prior to shipping. the error message received. or handset). Please print the authorization number obtained from the technician clearly and conspicuously on the outside of the prepaid packaging. at your sole expense. Shipping. tablet. Customer must relinquish the defective unit. Display the Return Authorization Number. Memorial Day. Customer may receive replacement parts in accordance with this Section. Customer will receive information on how to contact the carrier during their regular business hours. 9. Do not send manuals or any non-Dell supplied options with the Product. e. If upon receipt of your original part or product. and the suspected defect you discussed with the technician over the phone. Customer Replaceable Units and Whole Unit Replacement. If Customer elects not to receive Mail-In services or has Parts Only Service. any Product that does not clearly and conspicuously display the authorization number on the packaging. Dell will pay to ship the part to the Customer if Customer uses an address in the United States. The Product must be shipped in the Dell provided packaging to the address given to Customer by the technician. 8. Thanksgiving and/or Christmas Day. Jointly Customer and the carrier will arrange for shipping. Customer must remove the options and components from the Product as instructed by the technician. explain the situation to the carrier and turn any further shipping actions over to the carrier. c. Good Friday. When returning a Product for replacement (including but not limited to a mobility Product such as a laptop. SIM card. Dell reserves the right to send Customer a whole identical or comparable replacement for the Product. regardless of the original level of service purchased by the Customer.

PESTS. is not confidential or proprietary to Customer. the services will be subject to an additional charge to be paid by you. THEN A REFUND WILL NOT BE PAID FOR THAT CURRENT CONTRACT YEAR. THEN DELL MAY CANCEL THIS AGREEMENT. One Dell Way. used or reconditioned. over the telephone. Customer is obligated to pay at the then-current standard Dell price for any service parts removed from Customer’s Product and any original products for which Customer received a replacement product that are not properly returned to Dell by Customer. With regard to any services that are not within the coverage of this Agreement. more than eighteen (18) months from the date of last payment. Important Additional Information Notices. IF YOU FAIL TO PROPERLY RESTRAIN A PET. YOU MAY CANCEL THIS AGREEMENT BY PROVIDING TO DELL AT LEAST THIRTY (30) DAYS WRITTEN NOTICE OF THE DECISION TO CANCEL. Round Rock. TX 78682. used. DELL MAY IMMEDIATELY CANCEL THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO A REFUND IF YOU FAIL TO MAKE ANY PAYMENT WHEN DUE. or Customer purchased the Product and this Agreement from its original owner (or a previous transferee) and complied with all the transfer rules set forth in this Agreement. IF YOU FAIL TO PAY DELL FOR ANY PART OR PRODUCT. DELL WILL ISSUE A REFUND TO YOU FOR ANY UNUSED PORTION OF THE SERVICE TERM FOR WHICH YOU HAVE PAID. RODENTS. IF MORE THAN THIRTY (30) DAYS HAVE TRANSPIRED FOR THE CURRENT CONTRACT YEAR. SUSPEND YOUR WARRANTY AND/OR SERVICE SUPPORT ON ANY DELL PRODUCT YOU MAY OWN UNTIL THE APPLICABLE AMOUNT IS PAID. IF YOUR LOCATION OR THE GENERAL AREA WHERE THE PRODUCT IS LOCATED IS INFESTED WITH INSECTS. and the parts provided to Customer may be new. BIOHAZARDS. Attn: Service and Support Department. Customer may upgrade the Service Type or extend the term based on available options then in effect in accordance with Dell’s then-current procedures. electronically or otherwise. Customer agrees that any information or data disclosed or sent to Dell.P.12 Page 6 . HUMAN OR ANIMAL EXCREMENT AND/OR CHEMICALS AS REASONABLY DETERMINED TO BE UNSAFE BY OUR TECHNICIAN. Dell uses new. if Dell elects to perform the services. A suspension of warranty or service for failure to properly return a part or product will not toll the term of your warranty or service. and such warranty or service will still expire in accordance with its original term. Claims of Confidentiality or Proprietary Rights.credit authorization or payment pursuant to this paragraph. Subject to the limitations set forth in this Service Agreement. or in the case of nonpayment. and. you will not receive an Advanced Exchange. Neither Dell nor you may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen. Any upgrades will not apply to conditions existing with the Product prior to the effective date of the upgrade. Transfer of Service Description. All service parts removed from Customer’s Product and any original products for which Customer received a replacement product become the property of Dell. AND/OR TAKE OTHER LEGAL STEPS. but you can receive a Replacement Item by first returning the original part or product to Dell. IF YOU THREATEN OUR TECHNICIAN EITHER VERBALLY OR PHYSICALLY. Parts. FORM#: 06. Cancellation. Customer may transfer this Agreement to a third party who buys Customer’s entire Product before the expiration of the thencurrent service term. A transfer fee may apply. Parts and Product Ownership. provided Customer is the original purchaser of the Product and this Agreement. CANCELLATION OF EXTENDED WARRANTIES OR ADDITIONAL SERVICES AT ANY TIME AFTER THE ORDER IS PLACED MAY REDUCE ANY APPLICABLE DISCOUNT AND MAY REQUIRE RETURN OF THE COMPLETE PRODUCT. it will be within Dell's discretion whether to perform the services. 10.2011DCHS 2.7. 11. THE BASE LIMITED HARDWARE WARRANTY MAY NOT BE CANCELLED. Prior to the expiration of this Service Agreement.. Any written notices provided by you to Dell must be sent to the following address: Dell Marketing L. and reconditioned parts made by various manufacturers. Renewal and Upgrades.

or the breach. Some services may be limited to the product’s original shipment location. UNDER NO CIRCUMSTANCES WILL DELL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES. TERMS OF SALE (see www. ANY INDIRECT. or any related purchase SHALL. FORM#: 06. LOST SAVINGS OR EARNINGS. PRESENT OR FUTURE. DEINSTALLATION. Dell's advertising.com/terms). TORT. LOST OR CORRUPTED DATA. The services described in this Service Agreement will only be available to original purchasers of the Product located within the United States as determined by Dell. COST. The services may not be available on all products in all locations.aspx/support/change_order/tag_transfer • Using the Fax: Fax a completed a request to transfer to Fax #: (512) 728-8063. TORT OR OTHERWISE. YOUR EXCLUSIVE REMEDY AND DELL’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU OR. COLLECTIVE LIABILITY IN CONTRACT. THE THEN CURRENT PUBLISHED CHARGES FOR THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. the relationships which result from this Agreement. WITHOUT LIMITATION. YOUR EXCLUSIVE REMEDY AND DELL’S ENTIRE. either express or implied. PROFITS. THE PARTIES AGREE THAT THIS AGREEMENT. DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT. WHETHER PREEXISTING. ACCORDING TO THE TERMS IN DELL’S U. INCIDENTAL. OR INABILITY TO USE THE PRODUCT. Warranty Exclusion. UNDER THIS AGREEMENT IS THE REPAIR OF THE DEFECTIVE PRODUCT OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. and to any person who receives this Service Agreement through a transfer from the original buyer in accordance with Dell’s transfer procedures. INCLUDING. Dell reserves the right to assign its right and obligations under this Agreement to a qualified third party designated by Dell without notice to Customer. SO THE ABOVE EXCLUSIONS MAY NOT APPLY.S. and additional charges. any implied warranties of merchantability and fitness for a particular purpose.2011DCHS 2. Assignment. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES. COMMON LAW. including. AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this Agreement. and conditions may apply in certain locations. Dell will no longer be responsible for any performance obligations under this Agreement or any other liability associated with this Agreement. Binding Arbitration.7. OR OTHERWISE.dell. WITHOUT REGARD TO CONFLICTS OF LAWS RULES. Geographic Limitations. OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT. or in the case of nonpayment. AND INCLUDING STATUTORY. Neither Dell nor Customer may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen.com/support/topics/global. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. In the event of such an assignment. Governing Law. LIMITATION OF REMEDY. EXPENSES. Dell may change Customer’s Service Type to a Service Type that is available at such price or a lesser price in such new location with no refund available. BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. IF DELL IS UNABLE TO MAKE SUCH REPAIR. SPECIAL. its interpretation. OR ANY CLAIM. terms. Service Agreements on plasmas are not available outside the continental United States. ANY SALES THERE UNDER. Dell expressly disclaims all warranties.dell. OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER. OR CONSEQUENTIAL DAMAGES. If Customer elects not to pay such additional charge. Dell makes no warranty. but not limited to. USE OF. RATHER THAN JURY TRIALS OR CLASS ACTIONS. more than eighteen (18) months from the date of last payment. IF NO CHARGE WAS PAID. termination or validity thereof. OR OUT OF THE INSTALLATION.12 Page 7 .To Transfer This Agreement: • Use the Internet: Complete the On-Line Transfer Form located within Dell’s Service and Support section at: http://support. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY AND ALL DISPUTES OR CONTROVERSIES BETWEEN CUSTOMER AND DELL.

you will receive a full refund if no claims have been made against the contract. We may cancel this Agreement for any reason within seventy (70) days after your receipt of this Agreement. Florida Customers. The terms stated in this paragraph are specific to permanent residents of Florida who purchase both the hardware and this Agreement for personal. If you cancel this Agreement within twenty (20) days after your receipt of this Agreement and you have not made a claim under this Agreement. you are entitled to a full refund of the Total Price. In the event you cancel this Agreement. If you are not a permanent resident of the state identified in each paragraph below at the time you purchase the service for a separate charge. You may cancel this Agreement at any time by following the procedures for cancellation set forth in this Agreement. This Agreement is the entire agreement between Customer and Dell with respect to its subject matter and none of Dell’s employees or agents may orally vary the terms and conditions of this Agreement. California. is a licensed service warranty association in Florida. The terms stated in this paragraph are specific to warranties and services purchased for a separate charge in certain states. If you cancel this Agreement any time after twenty (20) days after your receipt of this Agreement or if you cancel this Agreement and have made a claim at any time under this Agreement. • • Alabama. • • • Hawaii Customers. family or household purposes. then you will receive a pro-rata refund based on the retail value of any service performed. If you cancel this Agreement pursuant to the procedures for cancellation set forth in this Agreement and we fail to refund the purchase price of this Agreement to you within forty-five (45) days after your cancellation. If any claim has been made against the contract. Illinois Customers. then you may cancel this Agreement and receive a pro-rata refund as set forth immediately above. If you are not a permanent resident of Florida at the time you purchase the hardware and this Agreement for personal. you are entitled to a pro-rata refund as follows: Refund = The Total Price minus (a) the number of days from the date you receive the covered hardware until we receive notice of your cancellation divided by the term of this Agreement.12 Page 8 . and (c) the cost of any repair or replacement provided to you before cancellation. you are entitled to a refund. • Nevada Customers. You may cancel this Agreement at any time by following the procedures for cancellation set forth in this Agreement. to the extent such governing law is expressly prohibited by Florida's laws governing service warranty associations in certain instances. the refund shall be based upon 100 percent of the unearned pro-rata purchase price. If you cancel this Agreement after thirty (30) days of your receipt of this Agreement.2011DCHS 2. minus a cancellation fee of 10% of the Total Price. You may cancel this Agreement at any time by following the procedures for cancellation set forth in this Agreement. Georgia and Kentucky Customers. however. then you are not eligible for these rights and/or remedies. We may cancel this Agreement thereafter only if: FORM#: 06. you are entitled to a pro-rata refund as follows: Refund = The Total Price minus (a) the number of days from the date you receive the covered hardware until we receive notice of your cancellation divided by the term of this Agreement.P. No fees for service transfer or downgrading due to geographic limitations apply.7.1 multiplied by the Total Price. If service downgrades are required as a result of transferring the hardware to a new location. (b) 0. which shall be based upon 90 percent of the unearned pro-rata purchase price less any claims that have been paid or less the cost of repairs made on your behalf. and (c) the cost of any repair or replacement provided to you before cancellation. we are obligated to pay you a penalty of 10% per month of the amount of the refund due and owing to you. then the laws of Florida shall govern in such instances. family or household purposes. (b) 0.1 multiplied by the Total Price. If you cancel this Agreement after thirty (30) days of your receipt of this Agreement. This Agreement shall be governed by the laws of the State of Texas.Entire Agreement. then you are not eligible for these rights and/or remedies. Your right to cancel this Agreement only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell. you are entitled to a refund of the unearned premium calculated on a pro rata basis. If you cancel this Agreement within 30 days of receipt of this Agreement. and it is the issuer of this Agreement. In the event the contract is canceled by Dell. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell. Arbitration of any and all claims and disputes arising solely out of the terms and conditions of this Agreement is non-binding unless the parties agree in writing at the time a claim is asserted or a demand for arbitration is made that both parties want the arbitration to be binding. State-Specific Provisions. We are not obligated to provide the service under these terms except in the states specified below. You may cancel this Agreement at any time by following the procedures for cancellation set forth in this Agreement. Dell Marketing L.

dell. you will be entitled to a refund of the unearned premium calculated on a pro rata basis.12 Page 9 . provided. Dell’s Limited Hardware Warranty may be included with the purchase and in the price of the covered hardware. If you cancel this Agreement after thirty (30) days of your receipt of this Agreement. the subsidiary or affiliate will become obligated to the contract holder pursuant to the terms of this service contract. You may cancel this Agreement at any time by following the procedures for cancellation set forth in this Agreement. the duration of this Agreement shall not extend beyond the duration of the Limited Hardware Warranty (including any warranty extensions). If we cancel or suspend this Agreement as provided above. Attn: Service and Support Department. In addition to the services specified under this Agreement. sell or offer for sale service contracts in Nevada (including any certificate of registration that may be required) may assume the rights and obligations under this Agreement. • It is discovered that you committed fraud or made a material misrepresentation in obtaining this Agreement or submitting a claim.com/warranty) including any warranty extensions. is One Dell Way. The notice will include the effective date of the cancellation or suspension. or wear and tear. that meets the requirements to issue. or violated a condition of this Agreement. Those laws may give you certain rights.2011DCHS 2. • New York Customers. In addition. In the event of such assumption. If you cancel this Agreement pursuant to the procedures for cancellation set forth in this Agreement and we fail to refund the purchase price of this Agreement to you within thirty (30) days after your cancellation. or • A material change occurs to the nature or scope of the service that causes it to be substantially and materially increased beyond that contemplated as of the date of this Agreement. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell. If we fail to deliver to you within forty-five (45) days any unearned premium to which you are entitled as provided above. which will not be less than fifteen (15) days after the date we send you the notice of cancellation or suspension. after the date of this Agreement which substantially and materially increases the service due under this Agreement. The arbitration provisions in this Agreement do not apply to the extent those provisions are expressly prohibited by Oregon law. and (c) the cost of any repair or replacement provided to you before cancellation. the provisions of this Agreement shall control. however. The service covers only the types of defects expressly identified in this Agreement. you will be entitled to an additional amount equal to 10% of the Total Price for every thirty (30) days such refund is delayed beyond the 45-day period.P. Round Rock. A subsidiary or affiliate of Dell Inc. in the case of cancellation. Any other defects in the hardware existing prior to the date of this Agreement are not covered by the service.P. FORM#: 06.• You fail to pay an amount when due. • You are convicted of a crime that results in additional service under this Agreement. The obligations of Dell Marketing L.7. you are entitled to a pro-rata refund as follows: Refund = The Total Price minus (a) the number of days from the date you receive the covered hardware until we receive notice of your cancellation divided by the term of this Agreement. such as a right to exhaust internal appeals prior to arbitration and a right to arbitrate in Oregon (unless you and Dell agree otherwise) with Oregon law as the governing law. You are not required to pay a deductible to receive the service. Repairs initiated or completed without Dell’s prior approval will not be covered under this service contract. Dell may also assign its administrative obligations to a third party that meets the requirements to fulfill such administrative obligations in Nevada (including any certificate of registration that may be required).1 multiplied by the Total Price. • It is discovered that you engaged in an act or omission. (b) 0. Such incorporation by reference shall not enlarge or diminish your rights or Dell’s obligations under the Limited Hardware Warranty. • North Carolina Customers. Dell will provide repair and replacement services as to defects in materials or workmanship. and you will have the right to contact us to cancel the contract in lieu of suspension. • Oregon Customers. we are obligated to pay you a 10% penalty per month of the amount of the refund due and owing to you. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell Inc. under this Agreement are backed by the full faith and credit of Dell Inc. to the extent provided in Dell’s Limited Hardware Warranty (see http://www. You are entitled to written notification before the sale of a service agreement that the purchase of a service agreement is not required either to purchase or obtain financing on the covered hardware. we will send you written notice at the address indicated in our records. (800) 624-9897. TX 78682. and Dell Inc. the provisions of which Limited Hardware Warranty are incorporated by reference herein. In the event of a conflict between the provisions of this Agreement and the Limited Hardware Warranty. The contact information for both Dell Marketing L.

• Wyoming Customers.2011DCHS 2. Your right to cancel this Agreement only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. If you cancel this Agreement pursuant to the procedures for cancellation set forth in this Agreement and we fail to refund the purchase price of this Agreement to you within forty-five (45) days after your cancellation. we are obligated to pay you a 10% penalty per month of the amount of the refund due and owing to you. Post Office Box 100105.• Oklahoma Customers. Dell Inc. • South Carolina Customers. Your right to cancel this Agreement only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement. If you cancel this Agreement pursuant to the procedures for cancellation set forth in this Agreement and we fail to refund the purchase price of this Agreement to you within forty-five (45) days after your cancellation.S.O. Any unresolved complaints concerning Dell or questions concerning the regulation of service contract providers may be addressed to: Texas Department of Licensing and Regulation. you may contact the South Carolina Department of Insurance. Code 48. telephone (512) 4636599 or (800) 803-9202 (within Texas). Your right to cancel this Agreement only applies to the original owner of the Agreement and may not be transferred to subsequent owners of the Agreement.04A et seq. shall be considered the obligor on the service obligations hereunder. P. we are obligated to pay you a penalty of 10% per month of the amount of the refund due and owing to you. we are liable to you for a penalty of no more than 10% per month of the amount of the refund due and owing to you. The arbitration provisions in this Agreement do not apply to the extent those provisions are expressly prohibited by Washington law. If you cancel this Agreement pursuant to the procedures for cancellation set forth in this Agreement above and we fail to refund the purchase price of this Agreement to you within thirty (30) days after your cancellation. Rev. such as a right to arbitrate in Washington at a location in closest proximity to your permanent residence (unless you and Dell agree otherwise). To the extent required by Article 19. Dell Inc. Terms and Conditions: Dell is pleased to provide these services to Consumers in accordance with this Service Description and the applicable “U. Rev. Box 12157. Code 7. Consumer Terms of Sale-Direct” or “Retail Purchaser End-User Agreement” at http://www. we will send you written notice of the cancellation at least fifteen (15) days prior to the effective date of cancellation. may give you certain rights.com/terms/. or (800) 768-3467. Austin. Section 8 of the Constitution of the State of Wyoming.). FORM#: 06. • Texas Customers. This warranty is subject to limited regulation by the Office of the Commissioner of Insurance. • Washington Customers. • Wisconsin Customers. including Wash. If we do not timely resolve such matters within sixty (60) days of proof of loss.12 Page 10 .7. The final determination in any proceeding instituted pursuant to the arbitration provisions set forth in this Agreement may be submitted to a court of competent jurisdiction in accordance with Sections 1-36-101 to -119 of the Wyoming Statutes. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell. If we cancel this Agreement. Texas 78711-2157. shall be considered the obligor on the service obligations hereunder.110.070(14) and the state Uniform Arbitration Act (Wash.dell. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell. arbitration of any and all claims and disputes arising solely out of the terms and conditions of this Agreement is non-binding unless the parties agree in writing that both parties want the arbitration to be binding. The obligations of Dell under this Agreement are backed by the full faith and credit of Dell. Columbia. Those laws. South Carolina 29202-3105. The arbitration provisions in this Agreement shall apply to the extent those provisions are not expressly prohibited by Wyoming law.

Sign up to vote on this title
UsefulNot useful